​What is a conditional job offer?

An offer of employment dependent upon applicant's background check results. The conditional job offer MUST be in writing and employers can only withdraw a job offer based on background check results after following this specific process. 
Employers must 
  • Run an individualized assessment and identify a specific conviction relevant to the job to justify the withdrawal of the offer
  • Inform the applicant in writing about the preliminary decision to withdraw the offer and provide a copy of background check
  • Provide the applicant at least 5 days to provide an explanation and additional information of rehabilitation
  • Notify the applicant about the final decision 
  • Inform applicant of their right to file a complaint with The Department of Fair Employment and Housing 
Employers must not inquire, consider, or distribute information related to
  • Records older than 7 years old
  • ​Juvenile records
  • Arrests not followed by conviction
  • Convictions which lead to a diversion program or
  • Records that have been sealed, dismissed, or expunged 

What is an individualized assessment?

If an employer intends to deny a position because of the applicant’s conviction history, they must consider the following:
(i) The nature and gravity of the offense or conduct.
(ii) The time that has passed since the offense.
(iii) Whether there is a connection between the conviction and the nature of the job 

NELP Factsheet